BIRTH, DEATH, AND MARRIAGE RECORDS (SECTION 193.265)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), SB 464 (2023) and in HS/HCS/HBs 1108 & 1181 (2023), and is substantially similar to a provision in HCS/SS/SCS/SB 40 (2023) and HB 81 (2023).

COURT DISSOLUTION OF A LIMITED LIABILITY COMPANY (SECTION 347.143)

The act modifies the procedure by which a court may decree dissolution of an LLC. Specifically, the court may issue such a decree if it determines:

(1) It is not reasonably practicable to carry on the business in conformity with the operating agreement;

(2) Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;

(3) The business of the limited liability company has been abandoned;

(4) The management of the limited liability company is deadlocked or subject to internal dissension; or

(5) Those in control of the limited liability company have been found guilty of, or have knowingly countenanced, persistent and pervasive fraud, mismanagement, or abuse of authority.

This provision is identical to a provision in HB 85 (2023), HB 278 (2023), SB 401 (2023), and SB 475 (2023).

BUSINESS COVENANTS (SECTION 431.204)

This act provides that a reasonable covenant in writing promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere with, directly or indirectly, employees or owners of a business entity shall be presumed to be enforceable and not a restraint of trade if it is between a business entity and the owner of the business entity for a term no more than two years following the end of the owner's relationship with the business entity. Additionally, a reasonable covenant in writing promising not to solicit, induce, direct, or otherwise interfere with a business entity's customers shall be enforceable if the covenant is limited to customers with whom the owner dealt and if the covenant between an entity and owner does not continue for more than five years following the end of the owner's relationship with the business entity. Furthermore, a written provision by which an owner promises to provide notice of termination, selling, or otherwise disposing of ownership in the business entity shall be presumed to be enforceable and not a restraint of trade.

If a covenant is overbroad, overlong, or otherwise not reasonably necessary to protect the protectable business interests of the business entity seeking enforcement of the covenant, a court shall modify the covenant, enforce the covenant as modified, and grant only the relief reasonably necessary to protect such interests.

This act is not intended to create or affect the validity or enforcement of covenants not to compete or nondisclosure or confidentiality agreements. Additionally, this act shall not be construed to limit an owner's ability to seek or accept employment with another business entity upon termination of the owner's relationship with a business entity.

This provision is identical to SB 367 (2023), HB 902 (2023), a provision in HCS/SS#2/SCS/SB 968 (2022) and in HCS/SS/SCS/SB 931 (2022) and is similar to a provision in SB 833 (2022), HB 1688 (2022), SB 181 (2021), HB 1008 (2021), in SCS/HCS/HB 1204 (2021), SCS/HCS/HB 1242 (2021), SB 922 (2020), and HB 2684 (2020).

ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 & 435.300 TO 435.312)

This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, either by rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may:

(1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court;

(2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or

(3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process.

Once a motion has been filed, the ADR process shall not occur until a ruling and, if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense.

A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall:

(1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest;

(2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and

(3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest.

After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writing or if the organization administering the ADR process determines under the parties' written agreement that the neutral may continue to serve. Any party believing a court-appointed neutral has a conflict of interest may request for the neutral to recuse himself or may file a motion for disqualification. Additionally, the court may require a change of a neutral if necessary to protect the rights of an unrepresented party.

ADR communications, as defined in the act, shall not be admissible as evidence in any proceeding or subject to discovery. However, evidence that is otherwise admissible or subject to discovery shall not be inadmissible or protected from discovery solely because of its disclosure or use in the ADR process. Additionally, a court may admit communications, upon motion by a party and following a hearing, if the court finds that the communication is relevant and admissible and was:

(1) Made in the presence of a mandated reporter and pertains to abuse or neglect that such mandated reporter is required to report;

(2) A substantial threat or statement of a plan to inflict bodily injury capable of causing death or substantial bodily harm that is reasonably certain to occur;

(3) Intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime; or

(4) Necessary to establish or defend against a professional misconduct or malpractice claim that is based on conduct occurring during the ADR process.

If requested by a party or if necessary to ensure confidentiality, the hearing shall be conducted in the judge's chambers. A participant, including the neutral, has standing to intervene in any proceedings in order to object to the admissibility of communications made by such participant.

Additionally, this act provides that no neutral, or agent or employee of the neutral or of the neutral's organization, shall be subpoenaed or compelled to disclose any ADR communication. No neutral who is a licensed attorney shall be required to disclose any ADR communication of which a reporting obligation in the rules of professional conduct of attorneys might otherwise apply. However, a neutral may be subpoenaed to enforce a written settlement agreement, but only to testify that the parties signed such agreement in his or her presence. The court may order the party seeking admission of an ADR communication to pay the costs and fees of the neutral or any other participant who intervenes to contest the admission or who responds to a subpoena regarding the ADR communications.

Unless a written agreement provides for a binding ADR process, the processes conducted pursuant to this act shall be nonbinding. Furthermore, this act shall not preclude any court from referring any matter to a nonbinding ADR process.

This act shall only apply to ADR processes referred by court order or rule or by a written agreement of the parties expressly providing for this act to apply. This act is not intended to undermine the right to a jury trial nor does this act require any party to settle any claim or attend a mediation with counsel.

If the court has not referred the parties to an ADR process or if the parties elect not to use the provisions of this act, the process shall be regarded as settlement negotiations. If the parties have agreed in writing to an ADR process but have not invoked the provisions of this act, the neutral shall not be subpoenaed or otherwise compelled to disclose any matter revealed in the setting up or conducting such ADR process. Finally, this act requires all settlement agreements to be in writing.

These provisions are identical to HB 82 (2023), are substantially similar to SB 215 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1148 (2022), SB 591 (2021), HB 953 (2021), and HB 2534 (2020), and are similar to HB 2660 (2022).

THE CONSUMER LEGAL FUNDING ACT (SECTIONS 436.550 TO 436.572)

This act creates the "Consumer Legal Funding Act" which establishes provisions relating to contracts for consumer legal funding. The act describes a "consumer legal funding contract" as a nonrecourse contractual transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive potential proceeds from a settlement, judgment, award, or verdict obtained in the consumer   s legal claim so long as certain elements apply.

Additionally, the act provides requirements to be included in any such contract. The company shall provide the consumer   s attorney with a written notice of the contract within three business days of the funding date. The contract is only to be entered into if an existing legal claim in which the consumer is represented by an attorney and shall not be valid if its terms exceed a period of forty-eight months. Additionally, no consumer legal funding contract shall be automatically renewed.

This act also provides that actions that cannot be taken by the company. Additionally, all consumer legal funding contracts shall contain disclosures regarding material terms of the contract.

The act provides that only attorney   s liens related to the legal claim, Medicare, or other statutory liens related to the legal claim take priority over claims to proceeds from the consumer legal funding company. Additionally, no consumer legal funding company shall report a consumer to a credit reporting agency if insufficient funds remain from the net proceeds to repay the consumer.

A consumer legal funding company shall not engage in the business of consumer legal funding in the state of Missouri without obtaining a license from the Division of Finance of the Department of Commerce and Insurance. The initial or renewal license applications are required to be in writing, made under oath, and on the form provided by the Director of the Department of Finance. The act provides for fees associated with licensing.

If the Director of the Division of Finance determines that any consumer legal funding company fails to meet its obligations under this act, or any provisions relating to consumer legal funding, the Director may issue an order to cease and desist which is enforceable by a civil penalty of no more than one thousand dollar per day for each day a violation occurs.

Furthermore, if any consumer legal funding company fails to comply with the provision of this act, or any laws relating to consumer legal funding, its license may be suspended or revoked by the Director of the Division of Finance. The Division of Finance may also investigate and examine each consumer funding company as necessary to carry out this act.

Finally, a consumer legal funding contract is subject to the rules of discovery.

These provisions are similar to SB 342 (2023), HB 628 (2023), HCS/HB 2771 (2022), SB 504 (2019), HB 550 (2019), SB 957 (2018), HB 2251 (2018), HB 74 (2017), SB 162 (2017), SB 882 (2016), HB 1706 (2016), SB 785 (2016), SB 360 (2015), HB 512 (2015), SB 542 (2014), HB 1569 (2014), and SB 440 (2013).

CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 & 455.513)

This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.

These provisions are identical to HCS/HB 355 (2023), provisions in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).

UNIFORM ELECTRONIC WILLS AND ELECTRONIC ESTATE PLANNING DOCUMENTS ACT (SECTIONS 474.540 TO 474.564)

This act establishes the "Uniform Electronic Wills and Electronic Estate Planning Documents Act," which provides for the execution of wills through electronic methods.

An electronic will shall be a will for all purposes of the laws of this state. An electronic will is a record that is readable, and remains accessible, as text at the time of signing by the testator or by another individual in the testator's name, in the testator's physical presence, and by the testator's direction. Additionally, an electronic will shall be signed by at least two individuals in the physical or electronic presence of the testator within a reasonable amount of time after witnessing the signing of the will or acknowledgment of the will or signing. Additionally, this act provides that an electronic will not executed in compliance with these requirements shall still be an electronic will under this act if executed in compliance with the law of the jurisdiction where the testator is physically located, domiciled, or resides when the will signed or where the testator is domiciled or resides upon his or her death.

The intent of the testator that the record be an electronic will may be established by extrinsic evidence. As provided in the act, an electronic will may be made self-proving by acknowledgment of the testator.

An electronic will may revoke all or part of a previous will and an electronic will shall be revoked by use of:

(1) A subsequent will that revokes the electronic will expressly or by inconsistency;

(2) A written instrument signed by the testator declaring the revocation; or

(3) A physical act, if established by a preponderance of the evidence that the testator, with the intent of revoking, performed or directed another individual to perform the act in the testator's physical presence.

Additionally, if there is evidence that a testator signed an electronic will, but neither the electronic will nor a certified paper copy can be located after a testator's death, there shall be a presumption that the testator revoked the electronic will, even if no instrument or later will revoking such electronic will can be located. At any time during the administration of the estate or as determined by the court if there is no grant of administration, the court may issue an order for a custodian of an account held under a terms-of-service agreement to disclose digital assets for purposes of obtaining an electronic will from the account of a deceased user.

Furthermore, this act provides that any written estate planning document, as defined in the act, may be executed electronically and no such estate planning document shall be invalid or void solely because of its electronic form or electronic signatures. Any written estate planning document that requires one or more witnesses to the signature of a principal may be witnessed by any individual in the electronic presence of the principal. Additionally, this act provides that a person who acts in reliance upon an electronically executed written estate planning document shall not be liable to any person for so relying and may assume without inquiry the valid execution of the electronically executed written estate planning document.

An individual may create a certified paper copy of an electronic will or estate planning document by affirming under penalty of perjury that a paper copy of the electronic will or document is complete, true, and accurate copy. If a provision of law or rule of procedure requires a will or document to be presented or retained in its original form or provides consequences for the failure to present or retain the will or document in its original form, a certified paper copy shall satisfy the provision or rule.

This act also supersedes the federal Electronic Signatures in Global and National Commerce Act, except for certain provisions relating to consumer disclosures, and does not authorize electronic delivery of certain notices.

Finally, this act shall apply to any will of a decedent who dies on or after August 28, 2023, and to any written estate planning document signed or remotely witnessed on or after August 28, 2023.

These provisions are identical to provisions in HB 881 (2023) and is similar to SB 569 (2023).

ESTATE PLANNING DURING COVID-19 (SECTION 474.600)

With respect to the execution of an estate planning document, a person required for the execution of an estate planning document shall be deemed to have satisfied any physical presence requirement under Missouri law during the COVID-19 state of emergency if the following requirements were met:

(1) The signor affirmatively represented that the signor was physically in this state;

(2) The notary was physically located in this state and stated the county he or she was physically located in;

(3) The notary identified the signors to the satisfaction of the notary and Missouri law;

(4) Any person whose signature was required appeared using video conference software where live, interactive audio-visual communication between the principal, notary, and any other necessary person allowed for observation, direct interaction, and communication at the time of signing; and

(5) The notary recorded in his or her journal the exact time and means used to perform the act.

These requirements shall be deemed satisfied if a licensed Missouri attorney present at the remote execution signs a written acknowledgment made before an officer authorized to administer oaths and evidenced by the officer's certificate, which shall be affixed to or logically associated with the acknowledgment.

This provision is identical to a provision in a provision in HCS/HB 881 (2023) and is substantially similar to SB 569 (2023).

GUARDIANSHIP & CONSERVATORSHIP: APPOINTMENT OF GRANDPARENTS AND PERSONS ACTING AS PARENTS (SECTIONS 475.010, 475.045, 475.050, 475.063 & 488.2300)

This act provides that